Privacy Policy

(Updated December 4, 2013)

4PAY, Inc. is committed to protecting the personally identifiable information of users of its mobile payment products and services including, without limitation, 4PAY Wallet, 4PAY Point of Sale Systems, 4PAY POS Mobile App, POS Integration with 4PAY, and Payments With 4PAY (collectively, the “Services”). To provide the Services, 4PAY must collect and maintain certain personal non-public information (“Personal Information”). This Privacy Policy describes, in question and answer format, what Personal Information 4PAY collects, how it stores the Personal Information, who has access to the Personal Information, and how 4PAY protects Personal Information. Please note that this Privacy Policy is not intended to provide you with the privacy policies of the issuers of credit, debit, rewards, and other cards and their related card networks and associations (collectively “Card Issuers”), your bank or other financial institution that may be part of the payment process (collectively “Financial Institutions”), processors of payment transactions (collectively “Payment Processors”), or the providers of goods and services that accept payment with 4PAY Wallet (collectively “Vendors”), and 4PAY is not responsible for their privacy policies. This Privacy Policy applies to your use of the Services via computer, “smartphone” or other mobile device (“Mobile Device”), or point-of-sale terminals (collectively “Devices”). For purposes of this Privacy Policy, the Services include all 4PAY applications and related programs associated with the Services. This Privacy Policy is subject to change at any time, which 4PAY may do by updating this Privacy Policy on 4PAY’s Website (www.4PAY.CA) or sending you an e-mail at the e-mail address you use in connection with your 4PAY account (“4PAY Account”). Changes are effective 24 hours after posting or e-mailing, as applicable. You can always find the most recent, updated version of this Privacy Policy on 4PAY’s Website Privacy Policy. You are encouraged to visit 4PAY’s Website regularly for updates.

What Personal Information does 4PAY collect when you use the Services?

When you open a 4PAY Account, 4PAY collects and stores Personal Information that may include the following: name and e-mail address; mailing address; browser type and Internet Protocol address; credit, debit, rewards, and other card information [which may include card number, card issuer, card type (e.g., Visa), card expiration date, card security code, name of card holder, and card billing address]; bank name, bank account number, and bank account routing number; date of birth; social security number; taxpayer or employer identification number; demographic information; a password that you create; transaction history made with purchases using the Service; mobile device type; and a personal identification number that you create (PIN). 4PAY, Card Issuers, Payment Processors, and Financial Institutions receive Personal Information when you make or accept a mobile payment (“Mobile Payment”), which may include the following: amount; date; transaction description, including the names of the buyer and the seller and transaction location; last four digits of card used; and authorization code issued by the card Payment Processor. When you access your 4PAY Account via a Device, or otherwise communicate with 4PAY in connection with your 4PAY Account, we receive information from you that may be Personal Information, which may include information regarding your Device’s hardware or operating system or other software, the time and duration of your browser session, what web pages you visited, your Internet Protocol address, and what Services you used or accessed. 4PAY receives certain tracking (geo-location) information when you access the Services via a Mobile Device to make a mobile payment, access 4PAY’s Website, or use mapping, merchant search, or other Services. To prevent or reduce the risk of malware, viruses, and similar problems that may affect your Devices, 4PAY also may identify software running on your Mobile Devices, but 4PAY will not collect any content from this software unless authorized by this Privacy Policy, an agreement between you and 4PAY, or law.

What Personal Information does 4PAY disclose and to whom?

4PAY cannot provide the Services unless 4PAY and Vendors, Card Issuers, Payment Processors, and Financial Institutions have access to Personal Information. For example, when you make or accept a Mobile Payment the Vendor communicates the transaction to the Card Issuer and the Payment Processor and the Card Issuer and the Payment Processor accept and confirm it. Card Issuers uses Personal Information (including your transaction history with the Card Issuer) when they bill you or provide you with a statement or report of your transaction activity. Payment Processors use Personal Information to provide payment processing services in connection with Mobile Payments. Financial Institutions use Personal Information in connection with merchant bank activities and services. Vendors that accept Mobile Payments will have access to your transaction history with that Vendor. By opening a 4PAY Account, you consent to all of the forgoing disclosure and sharing of Personal Information.

4PAY may use Personal Information to verify your identity, communicate with you regarding your 4PAY Account, to investigate or prevent fraud and illegal activities, to conduct user research and surveys, and to provide you with technical notices, security alerts, and other information concerning the Services and new features or updates of the Services. Provided that you consent to participate in certain programs, the Services may include offers of loyalty programs, promotions, incentives, rewards, credits, coupons, and contests that 4PAY may communicate to you on behalf of itself, Vendors, or Card Issuers or Vendors may communicate to you on behalf of themselves. You will be provided with the details of these programs or offers either when you open your 4PAY Account, first make or accept a Mobile Payment, or at some other time; the details will include the manner in which you communicate to 4PAY your consent to participate or not participate in a program or offer.

4PAY currently does not use, share, or disclose Personal Information for direct marketing purposes by third-parties that have no association with the Services. Vendors and Card processors are associated with the Services. However, 4PAY may change its policies with regard to sharing Personal Information with unaffiliated third parties for direct marketing purposes in the future and, if it does so, you agree that 4PAY may advise you by updating this Privacy Policy and either posting the new policy on 4PAY’s Website or sending you an e-mail at the e-mail address you use in connection with your 4PAY Account. Subject to applicable law, the new policy will be effective 24 hours after posting or e-mailing, as applicable. 4PAY may use or share with third parties non-personal information it aggregates from users of the Services, such as analytical, statistical, or demographic information that is not unique to you or identifiable as yours.

By opening a 4PAY Account, you acknowledge and agree that 4PAY, Vendors, Card Issuers, Payment Processors, and Financial Institutions will have access to your Personal Information. 4PAY does not disclose or allow access to your Personal Information to third parties other than (1) Vendors, Card Issuers, Payment Processors, and Financial Institutions, and (2) parties contracted by or otherwise affiliated or associated with 4PAY (collectively “4PAY Contractors”) that provide products or services to 4PAY in connection with the Services, which latter disclosure and access are limited to what is reasonably necessary or desirable to provide, maintain, and improve the functionality and content of the Services.

4PAY cannot guarantee or warrant that Vendors, Card Issuers, Payment Processors, Financial Institutions, or 4PAY Contractors will not use some or all of your Personal Information for purposes other than implementing a Mobile Payment or performing another task in connection with the Services. In particular, 4PAY does not and cannot control what Vendors, Card Issuers, Payment Processors, Financial Institutions, and 4PAY Contractors do with your Personal Information, such as using it for direct marketing purposes. 4PAY cannot guarantee or warrant that a breach of security that results in disclosure of some or all of your Personal Information will not occur at 4PAY, a Vendor, a Card Issuer, a Payment Processor, a Financial Institution, or a 4PAY Contractor. 4PAY cannot guaranty that your Personal Information is impervious to all breaches of security through interception, hacking, or other means.

To the extent required by applicable law, such as by order or authority of a governmental regulatory authority, or in connection with a subpoena issued in a legal proceeding, 4PAY will disclose your Personal Information in order to comply with the law. 4PAY may maintain records of your Personal Information associated with your use of the Services, even after your 4PAY Account is closed, for as long as several years to comply with federal and provincial laws and regulations, including anti-money laundering laws. Card Issuers and Financial Institutions also may require record retention for extended periods. 4PAY may confirm some of your Personal Information with third parties, or use it to comply with governmental regulatory requirements to prevent fraud and money laundering.

How can you limit (opt-out of) sharing of your Personal Information?

You may direct 4PAY not to share certain Personal Information with unaffiliated third parties (excluding sharing or allowing access to your Personal Information among Vendors, Card Issuers, Payment Processors, Financial Institutions, and 4PAY Contractors in providing you the Services). 4PAY currently does not share or allow access to your Personal Information other than the access (1) 4PAY, Vendors, Card Issuers, Payment Processors, and Financial Institutions reasonably need to permit the communication that is reasonably necessary or desirable to provide the Services, including making or accepting a Mobile Payment and maintaining transaction histories, (2) 4PAY and 4PAY Contractors reasonably need to provide, maintain, and improve the functionality of the Services, and (3) 4PAY, Vendors, and Card Issuers use to offer loyalty programs, promotions, incentives, rewards, credits, coupons, and contests, provided that you have consented to participate in such promotions, incentives, rewards, credits, coupons, or contests. You cannot opt-out of the sharing and access described in categories (1) and (2) of the preceding sentence because that sharing and access is necessary to provide the Services. If sharing or allowing direct and indirect access to your Personal Information as described in this Privacy Policy is unacceptable to you, do not use the Services.

If 4PAY changes its policies to allow sharing of or access to your Personal Information for direct marketing purposes with third-parties that have no association with the Services, 4PAY will notify you of the change either by posting the new policy on 4PAY’s Website or by sending you an e-mail at the e-mail address you use in connection with your 4PAY Account. If you wish, you will be able to opt-out of this sharing and access by contacting 4PAY’s Customer Support Department by e-mail at support@4pay.ca.

How can those of you who use the Services as consumers limit (opt-out of) sharing of your Personal Information?

With regard to those of you who use the Services as consumers (not merchants), when you open your 4PAY Account (1) you will be asked whether you wish to participate in Vendor loyalty programs or to receive offers of promotions, incentives, rewards, credits, and contests from 4PAY, Vendors, and Card Issuers, and you will have the opportunity to accept or decline at that time, and (2) you will automatically be deemed to have consented to receive coupon offers from Vendors. If you initially elected or are deemed to have elected to participate in such programs or accept such offers, you can later opt-out of them by contacting 4PAY by e-mail at support@4PAY.CA You also can opt-out of them by logging into your 4PAY Account via 4PAY’s Website or 4PAY Wallet:

To opt-out of coupon offers or loyalty programs via 4PAY’s Website, click on the “Coupons” or “Loyalty” tabs, as applicable, and select the coupon offers and loyalty programs that you wish to opt-out of. In turn, you can also opt-in through the same method.

To opt-out of coupon offers via 4PAY Wallet, go to the “Coupons” section in the Settings menu and deselect all the types of coupons that you wish to opt-out of. In turn, you can also opt-in through the same method.

To opt-out of loyalty programs via 4PAY Wallet, go to the sidebar menu and delete the loyalty programs you wish to opt-out of. In turn, you can also opt-in through the same method.

If you initially declined to participate in loyalty programs or coupon offers, you can later elect to participate in them by following the aforementioned instructions or contacting 4PAY by e-mail at support@4pay.ca.

How does 4PAY protect the security of your Personal Information?

4PAY maintains reasonable physical, electronic, and procedural safeguards to protect the security of your Personal Information. These safeguards include encrypted storage of some of your Personal Information and limiting third-party decryption of Personal Information to that which is reasonably desirable or appropriate for 4PAY, Vendors, Card Issuers, Payment Processors, and 4PAY Contractors to provide the Services. 4PAY uses firewalls and other security technology to protect its network and systems from external attack, and by requiring you to enter a unique username, password and PIN to access or update your Personal Information. All users must enter their PIN when confirming changes to their Personal Information or executing transactions. Vendors agree with 4PAY to employ certain security measures and meet certain security standards, but 4PAY cannot and does not warrant that Vendors will do so.

Does 4PAY use “cookies”?

A “cookie” is a small data file that a website can send to your web browser and store on your computer or Mobile Device. 4PAY uses a cookie only for the purpose of identifying the language (e.g., English) that you have selected for your browser sessions on your computer or Mobile Device. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to use all the features of the Services or the 4PAY Website. If you wish to uninstall any 4PAY application, you can do so as you would uninstall any other application that you have installed on your computer or Mobile Device. However, removing a 4PAY application does not close your 4PAY Account. If you wish assistance with regard to cookies or closing your 4PAY Account, you may contact 4PAY’s Customer Support Department by e-mail at support@4pay.ca.

This Privacy Policy does not apply to third-party cookies or other tracking technologies, and 4PAY has no responsibility for them. If you are concerned about them, please check the privacy policies of the third-party sources of these cookies and other tracking technologies.

How can you access and update your Personal Information?

You can access your Personal Information by logging on to 4PAY’s Website (www.4PAY.CA) with your computer or Mobile Device using your username, password, and PIN. You can update the following Personal Information: Device(s) used; and debit and/or credit cards used. It is important to keep your Personal Information current and accurate. At 4PAY’s “Home” page, click on the “Sign In” button and select the information you want to update. You can contact 4PAY regarding any questions that you may have regarding your privacy by clicking on the “Contact” button at the top 4PAY’s “Home” page. You also may contact 4PAY’s Customer Support Department by e-mail at support@4pay.ca.

How can consumers share information about their 4PAY experience via social media?

Consumers can share information about their 4PAY experience via their Twitter and Facebook accounts. First, you must login into your 4PAY Account via 4PAY Wallet and then go to the “Receipts” section. Select the receipt of the transaction that you wish to share information about and then select the “Share” button. You can then choose whether you want use your Twitter or Facebook account and in turn share a personalized post about your 4PAY experience at that merchant. You acknowledge that any information that you post in this manner via Twitter and Facebook is not Personal Information.